Protests must remain lawful, Mudavadi tells diplomats in post-demo briefing

Prime Cabinet Secretary and Cabinet Secretary for Foreign and Diaspora Affairs, Musalia Mudavadi, has defended the government’s handling of the protests that took place on June 25. He informed foreign envoys that while the right to demonstrate is constitutionally protected, it must be exercised within the confines of the law.

In a special diplomatic update shared with members of the international community, Mudavadi explained that the commemorative protests, intended to honour the victims of the 2024 demonstrations, quickly descended into widespread violence and destruction.

“To condone such violence as legitimate protests is certainly not in the spirit of Kenyans’ national interest,” he stated, adding that some demonstrators attacked members of the public, small businesses, critical infrastructure, and security installations.

The Prime CS reiterated that the right to demonstrate and picket comes with the responsibility to maintain order. He informed the envoys that while Article 33 of the Constitution guarantees freedom of expression, itexpressly limits this right by excluding propaganda for war, incitement to violence, hate speech, and advocacy of hatred that promotes ethnic incitement, vilification of others, or incitement to cause harm.

“Organizers bear the responsibility to ensure that demonstrations remain peaceful, yet it remains unclear who organized these events and whether they fulfilled their legal obligations,” he stated, raising questions regarding the planning and execution of the protests.

“Who were the organizers of the intended peaceful demonstrations? Did they discharge their responsibilities as envisaged under the law?” he asked.

The Prime CS noted that the demonstrations were infiltrated by opportunistic and self-serving actors, ultimately undermining their initial intent.

“It is evident that, at a certain point, the demonstrations were co-opted by elements pursuing ulterior, self-serving agendas, thereby undermining the legitimacy of the initial cause,” he said.

While acknowledging diplomatic calls for the government to uphold the rights of assembly and expression, the Prime CS insisted that violence should never be justified as a form of civic engagement.

“Violence has no place in our society, and we cannot hide behind the excuse of protesting to justify unlawful acts. When individuals attack law enforcement facilities or destroy private property, is that a form of protest? What was the objective of such actions?” he asked, stating that “These questions demand honest reflection.”

He commended the police for their “professionalism and restraint under extreme provocation,” noting that their actions helped prevent further escalation and protected national order.

He warned that weakening constitutional institutions through disorderly protests could seriously endanger national stability.

“The biggest threat to a nation’s security arises when critical institutions collapse. Respecting constitutional institutions and adhering to legal processes are non-negotiable to prevent instability,” he said.